UWS Chapter 10 - Academic Staff Appointments

These rules were promulgated in accordance with the rulemaking authority vested in the Board of Regents by Chapter 36 of the Wisconsin Statutes. The rules govern areas such as the use of university facilities, conduct, and dismissal of personnel. Please note that not all UWS rules have a corresponding UWL related policy.

10.01 Types of appointments.

10.02 Recruitment and letter of appointment.

10.03 Appointments policies.

10.04 Nonrenewal of probationary academic staff appointments.

10.05 Notice.

10.06 Annual performance review.

UWS 10.01 Types of appointments. Academic staff appointments may be fixed term, probationary, or indefinite. Several probationary academic staff appointments may precede the granting of an indefinite appointment. Each institution shall develop guidelines concerning the categories of academic staff positions that may be appropriately designated as fixed term, probationary, or indefinite appointments. Appointments may be made in the central administration, an institution, college, department (or its functional equivalent), or a specified research or program unit. An appointment shall be limited to an operational area specified at the time of the appointment and shall not carry rights beyond that limitation.

History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.

UWL 10.01 Types of appointments.

Academic staff appointments may be fixed term terminal, fixed term renewable (for multiple years), probationary or indefinite.

UWS 10.02 Recruitment and letter of appointment.

(1) Each institution shall develop procedures relating to recruitment of members of the academic staff. The procedures shall be consistent with board policy and state and federal laws with respect to nondiscriminatory and affirmative action recruitment. The procedures shall allow maximum flexibility at the department, school, and college levels to meet particular needs.

(2) The terms and conditions of the appointment shall be specified in a written letter of appointment. The appointment letter shall be signed by an authorized official of the institution and should contain details as to the terms and conditions of the appointment, including but not limited to type of appointment (fixed term, probationary or indefinite), duration of the appointment (starting date, ending date), salary, general position responsibilities, definition of operational area, the length of the probationary period (if appropriate) and recognition of prior service as part of the probationary period (if appropriate). Accompanying this letter shall be an attachment detailing institutional and system regulations, rules, and procedures relating to academic staff appointments. If the appointment is subject to the approval of the board, a statement to this effect must be included in the letter. An amended letter of appointment should be sent in situations where a significant change in position responsibility occurs.

History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.

UWL 10.02 Recruitment and letter of appointment.

(1) To insure that there is no unlawful discrimination, recruiting procedures shall observe the federal and state statutes and UW System Rules and Guidelines pertaining to affirmative action in the recruitment of Academic Staff.

(2) Recruitment must follow relevant university procedures including authorization to recruit, search procedures and job offers and hiring.

(3) The department/unit shall have responsibility for careful screening of all applications received and for the recommendation of candidates to be invited to the campus for interviews. The department/unit's peer review and judgment shall have weight in the recruiting process. In the case of creation of a new unit, appropriate academic and/or administrative officers shall give consideration to the judgment of the academic staff in related units.

(4) Each fall semester the appropriate administrative officer shall distribute to heads of the departments/units such instructions and sample record forms to facilitate compliance with EEO obligations and procedures as well as budgetary requirements.

(5) Where under-utilization exists, operational areas act consistent with UWL AA Plan

(6) The department or units shall schedule interview dates and times with the appropriate administrative officers.

(7) UWL policies and procedures for searches will be followed in consultation with Human Resources and the Affirmative Action Officer.

UWS 10.03 Appointments policies.

(1) Fixed term appointments. Each institution of the system may employ academic staff members on fixed term appointments. Such appointments shall be for a fixed term to be specified in the letter of appointment, are renewable solely at the option of the employing institution, and carry no expectation of reemployment beyond their stated term, regardless of how many times renewed. The initial fixed term appointment may include a specified period of time during which the appointee may be dismissed at the discretion of the authorized official. Such a dismissal is not subject to the provisions of ch. UWS 11. Unless otherwise specified, fixed term appointments shall be for a period of one year. Each institution shall develop policies and procedures for the use of such appointments. The policies and procedures of each institution shall specifically treat the issue of job security including appropriate due process protections in the case of nonreappointment for those fixed term academic staff members who have served the institution for a substantial period of time. Such policies and procedures shall be formulated so as to meet the continuing needs of the institution while at the same time recognizing the employment commitment and contribution to the institution provided by such fixed term academic staff members.

(2) Indefinite and probationary academic staff appointments. Indefinite appointments and probationary academic staff appointments shall be authorized by the chancellor or designee.

(a) Probationary academic staff appointments.

1. Each institution of the system may appoint selected members of the academic staff to probationary academic staff appointments leading to review and a decision on an indefinite appointment. Each institution shall adopt procedures to govern such appointments. These procedures shall provide for appropriate counting of prior service, for a maximum probationary period not to exceed 7 years for a full-time position, for annual appraisal of performance, and for an affirmative review process prior to the end of the probationary period resulting in promotion to an indefinite appointment or termination of the appointment. A longer maximum probationary period may be provided for part-time appointees. Unless otherwise specified, probationary appointments shall be for a period of one year. An indefinite appointment is not acquired solely because of years of service.

2. A leave of absence shall not constitute a break in continuous service, nor shall it be included in the probationary period under sub. (1).

3. Circumstances that do not constitute a break in continuous service and that shall not be included in the 7-year period include responsibilities with respect to childbirth or adoption, significant responsibilities with respect to elder or dependent care obligations, disability or chronic illness, or circumstances beyond the control of the academic staff member, when those circumstances significantly impede the academic staff member's progress toward achieving indefinite status. It shall be presumed that a request made under this section because of responsibilities with respect to childbirth and adoption shall be approved. A request shall be made before an indefinite status review commences under subd. 1. A request for additional time because of responsibilities with respect to childbirth or adoption shall be initiated in writing by the academic staff member concerned and shall be submitted to a designated administrative officer who shall be authorized to grant a request following consultation with the academic staff member's supervisor and who shall specify the length of time for which the request is granted. Except for a request because of responsibilities with respect to childbirth and adoption, a request made because of other circumstances under this section shall be submitted to a designated administrative officer who shall be authorized to grant a request in accordance with institutional policies. A denial of a request shall be in writing and shall be based upon clear and convincing reasons. More than one request may be granted because of responsibilities with respect to childbirth or adoption. More than one request may be granted to a probationary academic staff member but the total, aggregate length of time of all requests, except for a request because of responsibilities with respect to childbirth or adoption, granted to one probationary academic staff member ordinarily shall be no more than one year. Each institution shall develop procedures for reviewing the requests.

4. If any academic staff member has been in probationary status for more than 7 years because of one or more of the reasons set forth in subd. 2. or 3., the academic staff member shall be evaluated as if he or she had been on probationary status for 7 years.

Example: An academic staff member has been on probationary status for a total of 9 years because the academic staff was granted 2 requests under subd. 3. for one-year extensions because of the birth of 2 children. The academic staff member's record of performance shall be evaluated as if the academic staff had only 7 years to work towards achieving indefinite status, rather than as if the academic staff member had been working towards achieving indefinite status for 9 years.

(b) Indefinite appointment. An indefinite appointment is an appointment with permanent status and for an unlimited term, granted by the chancellor to a member of the academic staff. Such an appointment is terminable only for cause under ch. UWS 11 or for reasons of budget or program under ch. UWS 12. Such an appointment may be granted to a member of the academic staff who holds or will hold a half-time appointment or more. The proportion of time provided for in the initial indefinite appointment may not be diminished or increased without the mutual consent of the academic staff member and the institution unless the appointment is terminated or diminished under ch. UWS 11 or 12. Each institution shall adopt procedures to govern indefinite appointments including provisions for annual appraisal of performance.

History: Cr. Register, October, 1975, No. 238, eff. 11-1-75; renum. (2) (a) to be (2) (a) 1. and am., cr. (2) (a) 2. to 4., Register, February, 1994, No. 458, eff. 3-1-94.

UWL 10.03 Appointment policies

(1) Fixed Term Appointments shall be for a definite period of time specified in the letter of appointment. They are renewable solely at the option of the employing institution and carry no expectation of reemployment beyond the stated term regardless of how many times renewed.

The initial fixed term appointment may include a period of up to one semester for instructional positions and up to four months for non-instructional positions during which the appointee may be dismissed without appeal at the discretion of the authorized official. If such period of evaluation is used, the letter of appointment must so state. A dismissal during this period is not subject to the provisions of UWS 11.

(a) Fixed term terminal appointments shall be used when any of the following circumstances are present:

(i) For non-instructional academic staff (NIAS) during the first seven (7) years of appointment in a NIAS position at UWL
(ii) For instructional academic staff (IAS) positions unless granted a renewable appointment
(ii) For NIAS and IAS positions when the position is clearly known to be of temporary duration (such as replacing a staff member who is on approved leave, sick leave, FMLA or sabbatical and is expected to return to the position)
(iv) For NIAS and IAS positions when the position has temporary funding available only for a given period of time, such as grant funding or special project funding that have no expectation of continuing
(v) For NIAS less than 50% or less than a full academic year or annual appointment.
(vi) For NIAS and IAS positions when there is a need to provide flexibility in operational units or programs of the university even though needs require sustained staffing in positions over time
(vii) Fixed term terminal appointments shall state in the letter of offer 'renewal is not intended' and by so stating, no further notice of non-renewal is required or will be given.

(2) Fixed term renewable appointments: may be granted to NIAS or IAS as outlined below:

(a) Non-Instructional Academic Staff: Fixed term renewable appointments will be granted to NIAS after 7 continuous years of employment at UWL in an NIAS position that is 50% or greater for each of the previous 7 years.

(i) To be counted as part of the seven years, appointments must be for the full academic year or the full annual/fiscal year.
(ii) NIAS will receive a two year renewable fixed term appointment starting with their eighth year.

(b) Instructional Academic Staff: Fixed term renewable appointments may be granted if the need for the position is expected to continue and if funding is available for the length of the renewable appointment.

(i) After completing 7 years of continuous IAS service at UWL, all IAS will be reviewed to determine the feasibility of providing more job security.

(1) This will occur as part of the annual performance evaluation and renewal decision-making process and will follow campus policies and procedures.
(2) A fixed term renewable appointment may be granted if the need for duties performed is expected to continue and if funding is expected to be available for the length of the appointment.
(3) A record of this review and outcome will be included in the IAS personnel file in the HR Office.
(4) A summary will be compiled by Human Resources for the chancellor's review.
(c) For both NIAS and IAS
(i) Approved leaves of absence when return is expected and that are due to family or medical leave, child birth or adoption, or similar circumstance beyond the control of the employee, will not count as breaks in continuous service. This will be stated in the official correspondence from Human Resources granting the leave of absence.
(ii) The initial fixed term renewable appointment will be for two years.
(iii) If the appointment will not be renewed, nine months notice shall be given for academic year appointments or 12 months notice for annual appointments.
(iv) Written Reasons: If the fixed term renewable appointment will not be renewed, the academic staff member may request written reasons from the decision-maker. If a request for reasons is made:

(1) The written request must be made to the decision-maker within 14 calendar days of the receipt of official written notice of non-renewal, with a copy of the request sent to Human Resources at the same time.

(2) The decision-maker is responsible for consulting with Human Resources as soon as reasons are requested.
(3) The decision-maker shall provide written reasons for the non-renewal decision within 14 calendar days of receipt of the request with a copy sent to Human Resources.
(4) The time line for the decision-maker to respond in writing may be extended if warranted by circumstances and approved by Human Resources in advance of the 14 calendar day deadline. The process shall not be unnecessarily prolonged.
(5) The written request for the reasons and the written response shall be included in the academic staff member's personnel file in the Office of Human Resources.
(v) Reconsideration Meeting: If the academic staff member wishes a reconsideration of the non-renewal recommendation after receipt of the written reasons, she/he shall request a reconsideration meeting in writing to the decision-maker within 14 calendar days of the receipt of the copy of the reasons and send a copy of the communication to Human Resources at the same time.
(1) The meeting for reconsideration with the decision-maker shall be held within 14 calendar days of the receipt of the request. At the reconsideration meeting the decision-maker and the academic staff member shall be present. Each may choose one member of the UW-La Crosse community to be present also as observers.
(2) At the meeting for reconsideration the academic staff member is entitled to present documentary evidence.
(3) The reconsideration is not a hearing or an appeal and shall be non-adversarial in nature. Its purpose is to allow the academic staff member an opportunity to present pertinent information by challenging the stated reasons and/or by offering additional relevant evidence.
(4) The decision-maker shall send a written decision to the academic staff member within 7 calendar days of the reconsideration meeting with a copy to Human Resources to be placed in the personnel file.
(5) The time line for the decision-maker to respond in writing may be extended if warranted by circumstances and approved by Human Resources in advance of the 14 calendar day deadline. The process shall not be unnecessarily prolonged.

(3) Probationary Appointments: A probationary academic staff appointment is one leading to review and a decision on indefinite appointment. These are granted at the discretion of the chancellor. The probationary period at the University of Wisconsin-La Crosse shall not exceed 7 years for full-time academic/annual year staff members.

(4) Indefinite Appointments: Indefinite appointments may be made prior to the end of the probationary period, or, in some cases, without a probationary period. These are granted at the discretion of the chancellor.

(5) Affirmative Review Process for Indefinite Appointment:

(a) A decision on indefinite appointment must be made at least one year prior to the end of the probationary period. The decision-maker must notify the probationary academic staff member in writing at least thirty (30) calendar days prior to the review conference at which promotion to indefinite appointment is to be considered.

(b) The academic staff member may review all pertinent files and may submit additional written material as he/she deems relevant. He/she may also make a personal presentation.

(c) The recommendation of the authorized official for change of status to indefinite appointment shall be forwarded to the dean or division head within 7 calendar days of the conference. If the dean or division head decides against recommendation to indefinite appointment, the procedures for non-renewal (UWL 10.04) shall be followed.

UWS 10.04 Nonrenewal of probationary academic staff appointments.

(1) Each institution shall establish procedures for dealing with instances where probationary academic staff are not renewed. Nonrenewal is not a dismissal under ch. UWS 11. A nonrenewed member of the academic staff shall be provided with an opportunity to request and to receive, in writing, the reasons for nonrenewal and to receive a review of the decision upon written appeal by the academic staff member concerned within 20 days of notice of nonrenewal (25 days if notice is by first class mail and publication). The hearing body may be either an appropriate committee or a hearing examiner as designated in the institutional procedures. Such review shall be held not later than 20 days after the request, except that this time limit may be extended by mutual consent of the parties or by order of the hearing body. The burden of persuasion in such a review shall be on the nonrenewed appointee and the scope of the review shall be limited to the question of whether the decision was based in any significant degree upon one or more of the following factors, with material prejudice to the individual:

(a) Conduct, expressions, or beliefs which are constitutionally protected, or actions which are consistent with an appropriate professional code of ethics;

(b) Employment practices proscribed by applicable state or federal law; or

(c) Improper consideration of qualifications for reappointment or renewal. For purposes of this section, “improper consideration" shall be deemed to have been given to the qualifications of a staff member in question if material prejudice resulted because of any of the following:

1. The procedures required by the chancellor or board were not followed; or

2. Available data bearing materially on the quality of performance were not considered; or

3. Unfounded, arbitrary, or irrelevant assumptions of fact were made about work or conduct.

(2) Findings as to the validity of the appeal shall be reported to the official making the nonrenewal decision and to the appropriate dean or director and the chancellor.

(3) Such report may include remedies which may, without limitation because of enumeration, take the form of a reconsideration by the decision maker, a reconsideration by the decision maker under instructions from the hearing body, or a recommendation to the next higher administrative level. Cases shall be remanded for reconsideration by the decision maker in all instances unless the hearing body specifically finds that such a remand would serve no useful purpose. The hearing body shall retain jurisdiction during the pendency of any reconsideration.

History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.

UWL 10.04 Nonrenewal of probationary academic staff appointments.

In making a decision of non-renewal of a probationary appointment, the decision-maker shall inform the appointee at least one year prior to the end of the probationary period to allow time for possible reconsideration and appeal and adequate notice of non-renewal.

(1) The Right to Request Reasons: An academic staff member may request reasons for the non-renewal from the decision-maker. The written request and written response must be such that an appeal can be made within the 20 calendar days from receipt of official written notice of non-renewal to the academic staff. A copy of both documents shall be sent to HR. The reasons become part of the academic staff member's official file in HR.

(2) Appeal of the non-renewal decision: An academic staff member can appeal the non-renewal decision by sending a written request to the committee designated in the Academic Staff Council Bylaws, within 20 calendar days of receipt of official notice of non-renewal (25 days if notice is by first class mail and publication). The written request must be copied to the decision-maker and HR.

(a) The review shall be held not later than 20 calendar days after the request, except that this time limit may be extended by mutual consent of the parties or by order of the hearing body.

(b) The hearing body shall proceed in accordance with applicable laws, with UWS 10.04 and shall be conducted on the basis of procedures set forth in the Academic Staff Council Bylaws. The burden of persuasion in such a review shall be on the non-renewed appointee.

(c) The scope of its review shall be limited to the question of whether the decision was based in any significant degree upon one or more of the factors listed in UWS 10.4(1), with material prejudice to the individual.

(d) Within 20 calendar days of the appeal meeting, the committee report of the recommendations shall be sent to the academic staff member, the decision-maker, the dean or division officer and Human Resources.

UWS 10.05 Notice.

(1) Written notice that a fixed term or probationary academic staff appointment will not be renewed shall be given to the appointee in advance of the expiration of the appointment as follows:

(a) Fixed term appointments: At least 3 months before the end of the appointment in the first 2 years and 6 months thereafter. When the letter of offer for a fixed term appointment states that renewal is not intended, no further notice of nonrenewal is required.

(b) Probationary appointments: At least 3 months before the end of the appointment in the first year; 6 months before the end of the appointment in the second year; and 12 months thereafter.

(2) If proper notice of nonrenewal is not given in accordance with sub. (1), the appointment shall be extended so that at least the required notice is provided.

(3) The policies and procedures of each institution may provide for longer notice periods for teaching members of the academic staff. Unless specifically enumerated in the institutional policies and procedures, the above provisions shall govern.

History: Cr. Register, October, 1975, No. 238, eff. 11-1-75.

UWL 10.05 Notice.

(1) Fixed term terminal appointments. Fixed term terminal appointments shall state in the letter of offer that renewal is not intended. No further notice of non-renewal is required.
(2) Fixed term renewable appointments. Written notice that a fixed term renewable academic staff appointment will not be renewed shall be given to the appointee 12 months in advance of the expiration of the appointment.
(3) Probationary appointments. At least 3 months before the end of the appointment in the first year; 6 months before the end of the appointment in the second year; and 12 months thereafter.

(4) If proper notice is not given in accordance with this section, the appointment shall be extended so that the required notice period is provided.

UWL 10.06 Annual performance review.

Each academic staff member shall have a performance evaluation annually. The results of the evaluation shall be made available to the academic staff member and provision shall be made for the academic staff member to respond formally for the record to the results of the evaluation.
(1) At the time of the initial appointment the academic staff member will be provided a copy of the position description approved in the recruitment process. The position description will be used by the decision-maker to develop the evaluation criteria. Both will be reviewed annually by the decision-maker in consultation with the staff member..
(2) Decision-makers are responsible for providing annual evaluations and performance feedback to academic staff, with written documentation including a current position description delivered to the Office of Human Resources for the employee's file.
(3) All academic staff annual reviews will include a review to determine if a multiple year contract is feasible. Written documentation of the review process, and reasons if multiple year appointments are not feasible, will be delivered by the Decision-makers to Human Resources.
(a) Any member of the academic staff employed for 7 continuous years, who has not received a two-year renewable contract, may request written reasons for the decision. Such a request must be made in writing to Human Resources.
(b) Any member of the academic staff employed for 10 continuous years, who has not received a three-year renewable contract, may request written reasons for the decision. Such a request must be made in writing to Human Resources.
History: Cr. Register, October, 1975, No. 238, eff. 11-1-75

Keywords	NIAS appointments, IAS appointments, academic staff appointments Suggest keywords	Doc ID	104782
Owner	Carri O.	Group	UW-La Crosse
Created	2020-08-08 16:50:54	Updated	2022-02-23 11:54:20
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